Lecture 8 - General defences Flashcards
1
Q
What is the age limit for a person to actually be able to commit a crime
A
s50 of the children and young persons act 1933 says that it shall be presumed that no child under the age of 10 years can be guilty of any offence
2
Q
is mistake considered a defence ?
A
a mistake is never a defence in law as shown in R v Reid
3
Q
when looking at mens rea for mistakes what test do the courts use
A
they use an objective reasonable man test to decide if the mistake was reasonable in negligence cases
4
Q
what are the two areas where consent is relevant
A
crimes such as rape and assault where consent would mean the actus reus of the crime is not present and crimes such as murder and unlawful sexual intercourse where consent is not a defence
